If you are the subject of a complaint
Throughout this overview, the term “real estate agent” will be used when referring to registered brokerages, brokers and salespersons.
We understand that being the subject of a complaint can be stressful. All complaints should be taken seriously, but please keep in mind that the complaint is only alleging misconduct. Nothing has been proven and RECO has not made any assumptions or determinations about the merits of the complaint.
What are my rights in the complaints process?
The complaints process is intended to be fair to all participants. Here are your rights:
- You have the right to be notified of the complaint with sufficient detail to be able to respond fully to the allegations
- You have the right to have the complaint dealt with in a timely and unbiased manner
- You have the right to seek legal advice and to be represented by counsel, if you so choose
- You have the right to receive the complaint decision in writing, including the action taken by RECO. Note: A copy of the decision will also be sent to your broker of record and the complainant.
Provincial legislation requires you to respond to the complaint and provide any information requested by RECO.
How will I know I am the subject of a complaint?
You and your broker of record will be notified in writing about the complaint. You will be provided with the details of the complaint. You will be asked to respond to the allegations made in the complaint and provide your own supporting information and documents.
What will I need to do?
Carefully review the information provided to you and consider discussing the matter with your broker of record or a legal advisor.
You will be asked to provide RECO with a written response to the complaint by a specific deadline, as required by law. It is important to provide a full response, including copies of all supporting information and documents. If in doubt, provide any information that supports your version of the events.
You may be interviewed as part of the investigation of the complaint.
Provide the names and contact information of anyone who may have information or may have witnessed the events that led to the complaint.
A detailed response, along with all relevant supporting information and documentation will allow RECO to address the complaint appropriately and will minimize unnecessary delays.
Send copies of documents. Do not send original documents with your response. Original documents should be kept by you in case they are required at a later date.
Where do I send my information?
Responses must be in writing to the attention of the person handling the complaint by email, mail, courier, or through the online response form in MyWeb.
Real Estate Council of Ontario
3300 Bloor Street West
West Tower, Suite 1400
Toronto, ON M8X 2X2
Fax: 416-207-8851
Email: csresponse@reco.on.ca
What happens after I send in my information?
Once RECO has received your response, it will be reviewed along with other complaint-related information gathered by RECO. All the information and documents will be considered and a decision will be made. You will receive the decision in writing. View possible outcomes.
Consider seeking legal advice during the complaints process.
What are the possible outcomes?
RECO evaluates each complaint individually and based on the specific circumstances will determine a course of action.
When processing a complaint, RECO considers whether the real estate agent involved has a history of misconduct. If they do, it may escalate the chosen course of action and potential outcome.
Outcomes at a glance
There will be no action if the complaint is not supported by evidence or falls outside of RECO’s authority.
In certain circumstances, RECO may attempt to resolve the matter or impose a warning, a course, or another requirement.
RECO may escalate matters to pursue a discipline hearing or a provincial court prosecution.
In situations where RECO believes the salesperson, broker or brokerage is no longer entitled to registration, RECO can seek a suspension or a revocation.
Code of professionalism for inspections and investigations.
If you have questions or concerns about the complaints process or a specific complaint that has been made against you or one of your employees, please contact:
Office of the Registrar
Real Estate Council of Ontario
3300 Bloor Street West
West Tower, Suite 1400
Toronto, ON M8X 2X2
Tel: 416-207-4800
Toll free: 1-888-296-8755
Fax: 416-207-8851
Email: complaints@reco.on.ca
RECO is unable to provide legal advice or refer you to a lawyer. The Law Society of Upper Canada has a lawyer referral service that may be of assistance to you.
